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                    -  Need tax help? 
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                    -  United States. Internal Revenue Service 
                    -           Subject: Time        
                    -  2000-2010 
                    -           Subject: Place        
                    -  United States 
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                    -  Publication ; 1169Publication (United States. Internal Revenue Service)1169. 
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# C_2007222EN.01000101.xml

| 22.9.2007 | EN | Official Journal of the European Union | C 222/1 |
| --- | --- | --- | --- |

22.9.2007

EN

Official Journal of the European Union

C 222/1

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Initiation of proceedings

(Case COMP/M.4781 — Norddeutsche Affinerie/Cumerio)

(Text with EEA relevance)

(2007/C 222/01)

On 18 September 2007, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the common market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.

The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4781 — Norddeutsche Affinerie/Cumerio, to the following address:

| Commission of the European Communities |
| --- |
| Competition DG |
| Merger Registry |
| Rue Joseph II/Jozef II-straat 70 |
| B-1000 Brussels |

Commission of the European Communities

Competition DG

Merger Registry

Rue Joseph II/Jozef II-straat 70

B-1000 Brussels

---
# C_2007247EN.01003102.xml

| 20.10.2007 | EN | Official Journal of the European Union | C 247/31 |
| --- | --- | --- | --- |

20.10.2007

EN

Official Journal of the European Union

C 247/31

---

Judgment of the Court of First Instance of 12 September 2007 — Cain Cellars, Inc. v OHIM (Device of a pentagon)

(Case T-304/05) (1)

1

(Community trade mark - Application for a figurative Community trade mark consisting of the device of a pentagon - Absolute ground for refusal - Absence of distinctive character - Simplicity of the sign)

(2007/C 247/50)

Language of the case: German

Parties

Applicant: Cain Cellars, Inc. (St. Helena, California, United States) (represented by: J. Albrecht and W.-W. Wodrich, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Weberndörfer and G. Schneider, Agents)

Defendant:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 May 2005 (Case R 975/2004-1) concerning the registration of the device of a pentagon as a Community trade mark.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Cain Cellars, Inc. to pay the costs. |
| --- | --- |

2.

Orders Cain Cellars, Inc. to pay the costs.

---

(1)  OJ C 257 of 15.10.2005.

1

---
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

PATRICIA DAY

v.

GENUINE PARTS COMPANY

v.

SOUTHWORTH PRODUCTS 

CORPORATION

PETITION OF: PATRICIA DAY

:

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No. 548 MAL 2023

Petition for Allowance of Appeal 

from the Order of the Superior Court

PATRICIA DAY

v.

GENUINE PARTS COMPANY

v.

SOUTHWORTH PRODUCTS 

CORPORATION

PETITION OF: PATRICIA DAY

:

:

:

:

:

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No. 549 MAL 2023

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM
[548 MAL 2023 and 549 MAL 2023] - 2

AND NOW, this 25th day of March, 2024, the Petition for Allowance of Appeal is 

DENIED.
Exhibit 32.2

CERTIFICATION PURSUANT TO  18 U.S.C. SECTION 1350,  AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of Huntsman LLC (the "Company") for the period ended March 31, 2005, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, J. Kimo Esplin, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C., Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



|/s/J. KIMO ESPLINJ. Kimo Esplin Chief Financial
OfficerMay 11, 2005 |  | 
|------------------------------------------------------------------- |  | 

---



QuickLinks
Before the Second Division,

February 11, 1943

No. 48006.

#### Protest 950902-G of Lamport Export Co. (New York).

Opinion by

Kincheloe, J.

In accordance with stipulation of counsel that the merchandise in question consists of merchandise the same in all material respects as that the subject of *Green*v. *United States*(8 Cust. Ct. 173, C. D. 599) the claim for free entry under paragraph 1750 was sustained.
No. 56562.

protest 146903-K (Detroit).

#### F. W. Myers and Company, Inc. *v.*United States,

Opinion by

Ekwall, J.

In accordance with stipulation of counsel that the merchandise consists of raw skins similar in all material respects to those the subject of Abstract 41327, the claim for free entry under paragraph 1765 was sustained.
Exhibit 32.2

TAMPA ELECTRIC COMPANY

Certification of Periodic Financial Report

Pursuant to 18 U.S.C. Section 1350

Each of the undersigned officers of Tampa Electric Company (the Company) certifies, under the standards set forth in and solely for the purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to his knowledge, the Quarterly Report on Form 10-Q of the Company for the quarter ended July 31, 2008 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and information contained in that Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                     |  |  |  |                        
|-------------------- |  |  |  | -----------------------
|Dated: July 31, 2008 |  |  |  | /s/ S. W. HUDSON       
|                     |  |  |  | S. W. HUDSON           
|                     |  |  |  | Chief Executive Officer
|                     |  | 
|Dated: July 31, 2008 |  |  |  | /s/ G. L. GILLETTE     
|                     |  |  |  | G. L. GILLETTE         
|                     |  |  |  | Chief Financial Officer

A signed original of this written statement required by Section 906, or other document authenticating,
acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to
the Securities and Exchange Commission or its staff upon request.

The foregoing certification is being furnished to the Securities and Exchange Commission
as an exhibit to the Form 10-Q and shall not be considered filed as part of the Form 10-Q.
No. 61996.

#### Joseph H. Brown *v.*United States,

protests 282160-K, etc. (El Paso).

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of meats, prepared or preserved, not specially provided for, similar in all material respects to the meat the subject of *United States*v. *Mercantil Distribuidora, S. A., et al.*(45 C. C. P. A. 20, C. A. D. 667), the claim of the plaintiff was sustained.
# C_2007247EN.01003202.xml

| 20.10.2007 | EN | Official Journal of the European Union | C 247/32 |
| --- | --- | --- | --- |

20.10.2007

EN

Official Journal of the European Union

C 247/32

---

Order of the Court of First Instance of 12 September 2007 — Glaverbel v OHIM (Texture of a glass surface)

(Case T-141/06) (1)

1

(Community trade mark - Application for a Community figurative mark representing the texture of a glass surface - Absolute ground for refusal - Absence of evidence of distinctive character acquired through use)

(2007/C 247/52)

Language of the case: English

Parties

Applicant: Glaverbel SA (Brussels, Belgium) (represented by: S. Möbus and T. Koerl, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Ó. Mondéjar, acting as Agent)

Defendant:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 March 2006 (Case R 0986/2004-4), relating to an application for registration as a Community trade mark of a figurative mark representing the texture of a glass surface.

Operative part of the judgment

The Court:

| 1. | Dismisses the action. |
| --- | --- |

1.

Dismisses the action.

| 2. | Orders Glaverbel SA to pay the costs. |
| --- | --- |

2.

Orders Glaverbel SA to pay the costs.

---

(1)  OJ C 178, 29.7.2006.

1

---
Filed March 4, 1890.

#### Nathaniel Hooper *et al.,*Resp’ts, *v.*C. McCulloch Beecher & Co., App’lts.

No papers.

Motion for re-argument denied, with ten dollars costs.

All concur.

See 29 N. Y. State Rep., 52.
Before the Second Division,

August 14, 1941

No. 46257.

#### Protests 975472-G, etc., of Alliance Silk Mills, Inc. (New York).

Opinion by

Tilson, J.

It was agreed between counsel that certain of the items consist of laces similar to those passed upon in Abstract 41121. The claim at 50 percent under paragraph 1529 and T. D. 48316 was therefore sustained.
Exhibit 32.2  CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of 3Pea International, Inc., a Nevada corporation (the "Company"), does hereby certify, to the best of his knowledge, that:  1.     The Annual Report on Form 10-K for the period ending December 31, 2010 (the "Report") of the Company complies in all material respects with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and  2.     The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  /s/ Arthur De Joya  Arthur De Joya, Chief Financial Officer (principal financial and accounting officer)  Date:  March 31, 2011
# C_2007211EN.01001103.xml

| 8.9.2007 | EN | Official Journal of the European Union | C 211/11 |
| --- | --- | --- | --- |

8.9.2007

EN

Official Journal of the European Union

C 211/11

---

Action brought on 27 April 2007 — Commission of the European Communities v French Republic

(Case C-220/07)

(2007/C 211/21)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: J.-P. Keppenne and M. Schotter, acting as Agents)

Applicant:

Defendant: French Republic

Defendant:

Form of order sought

| — | Declare that, by reason of the transposition into domestic law of the provisions relating to the designation of undertakings able to guarantee the provision of universal service, the French Republic has failed to fulfil its obligations under Articles 8(2), 12 and 13 and Annex IV of the Universal Service Directive 2002/22/EC (1); |
| --- | --- |

—

Declare that, by reason of the transposition into domestic law of the provisions relating to the designation of undertakings able to guarantee the provision of universal service, the French Republic has failed to fulfil its obligations under Articles 8(2), 12 and 13 and Annex IV of the Universal Service Directive 2002/22/EC (1);

1

| — | order the French Republic to pay the costs. |
| --- | --- |

—

order the French Republic to pay the costs.

Pleas in law and main arguments

By its action, the Commission in essence complains that the defendant incorrectly transposed Directive 2002/22, to the extent that French legislation provides that any operator able to ensure the provision of one of the components of the universal service over the whole of the national territory may be given the task of so doing. Such a provision disregards both the principle of non-discrimination set out in Article 8(2) of the above-mentioned directive and the principles of profitability and efficiency which follow from Articles 8, 12 and 13 thereof and Annex IV thereto, since it excludes a priori economic operators which are not able to ensure provision of the universal service over the whole of the national territory. It is true that the Directive does not of itself exclude the possibility of the designation, in fine, of a single operator to cover the whole of the national territory, but, in any event, it requires that the Member States first follow an open procedure in accordance with the criteria set out in Article 8(2) of the Directive in order to ensure that any designation of a single operator is indeed the most efficient and cost-effective solution.

a priori

in fine

---

(1)  Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51).

1

---
(Reap. Dec. 8739)

#### United States *v.*Midtown Novelty Co.

Entry No. 847059.

(Decided January 31, 1957)

*George Cochran Doub,*Assistant Attorney General *(Samuel D. Spector,*trial attorney), for the plaintiff.

*Barnes, Richardson & Colburn (Hadley 8. King*of counsel) for the defendant,

Olivek, Chief Judge:

This appeal for reappraisement involves several items of costume jewelry exported from Italy and entered at the port of New York. The parties have agreed that there is no dispute concerning the statutory elements of principal market, usual wholesale quantities, and ordinary course of trade, the sole issue being as to the *'per se*values of the merchandise. Specifically, the question before me is whether the *per se*values are $2.10 per dozen for the articles with clasps, and $2 per dozen for the unclasped articles, as entered and appraised; or whether such values are $2.70 per dozen and $2.60 per dozen, respectively, as claimed by the Government in this collector’s appeal for reappraisement.

The customs examiner, who examined the shipment in question, was the sole witness. The substance of his testimony is as follows: Entry was made on the basis of a commercial invoice, which contained a statement that the invoice “values were the prices for merchandise at that time, and there were no other values.” Customs examination of the merchandise disclosed nothing to indicate it was “other than regular merchandise, other than as ordered.” Appraisement was, therefore, made at the values set forth on the commercial invoice. Subsequent information, including receipt of the consular invoice, revealed that the prices “shown on the commercial invoice reflected a concession made by the shipper to the importer after threat of cancellation for late delivery” and that, at the time of exportation of the present merchandise, the foreign exporter’s price was $2.70 per dozen for the articles with clasps and $2.60 per dozen for the unclasped articles. The customs examiner concluded his direct testimony with a statement to the effect that, if the information that came before him subsequent to appraisement were known to him at the time of entry of this merchandise, he would have advisorily appraised the articles at the higher values claimed herein by plaintiff.

*596The uncontradicted evidence, as hereinabove ontlined, is sufficient to establish that the proper basis for appraisement of the present merchandise is export value, as defined in section 402 (d) of the Tariff Act of 1930 — the foreign value being no higher — and that such statutory value is $2.70 per dozen for the articles with clasps and $2.60 per dozen for the unclasped articles, and I so hold. Judgment will be rendered accordingly.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF KRUG INTERNATIONAL CORPORATION FOR THE NINE MONTH PERIOD
ENDED DECEMBER 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-END>                               DEC-31-1998
<CASH>                                          10,454
<SECURITIES>                                         0
<RECEIVABLES>                                    8,454
<ALLOWANCES>                                       169
<INVENTORY>                                      4,608
<CURRENT-ASSETS>                                24,125
<PP&E>                                          11,596
<DEPRECIATION>                                   5,802
<TOTAL-ASSETS>                                  35,038
<CURRENT-LIABILITIES>                           17,273
<BONDS>                                          5,877
<PREFERRED-MANDATORY>                            2,628
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       9,260
<TOTAL-LIABILITY-AND-EQUITY>                    35,038
<SALES>                                         37,088
<TOTAL-REVENUES>                                37,088
<CGS>                                           35,269
<TOTAL-COSTS>                                   42,347
<OTHER-EXPENSES>                                  (123)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  22
<INCOME-PRETAX>                                 (5,228)
<INCOME-TAX>                                        28
<INCOME-CONTINUING>                             (5,256)
<DISCONTINUED>                                     348
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (4,908)
<EPS-PRIMARY>                                    (0.97)
<EPS-DILUTED>                                    (0.97)
        

</TABLE>
AFS

- 1 3

- 300

- E May 02, 2013

Exemption No. 9901B

Regulatory Docket No. FAA

- 2009

- 0592

Sheryl R. Israel, Esq

. Counsel for Republic Airline, Inc.

Hogan Lovells US, LLP

555 Thirteenth Street, NW

. Washington, DC 20004

Dear Ms. Israel :

This letter is to inform you that we have granted your petition to extend Exemption

No. 9901 , as amended . It expl ains the basis for our decision, describes its effect , and lists the

conditions and limitations.

The Basis for Our Decision

By letter dated March 25 , 201 3 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Republic Airline , Inc. ( Republic )

, for an extension of Exemption No. 9901 , as

amended . That exemption from § 121.291(b)(1) o f Title 14, Code of Federal Regulations

allows Republic to operate the Embraer ERJ

- 190 without conducting a partial evacuation

demonstration

.

In your petition, you indicate that there has been no change in the conditions and reasons

relative to public i nterest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested extension of the exemption would not set a

precedent, and any delay in acting on this petition would be detrimental to Republic.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9901 , as

amended, remains valid with respect to this exemption and is in th e public interest. Therefore,2

under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator

has delegat ed to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. Republic sha ll not change the number, location, or emergency evacuation procedures

or duties of required flight attendants from that demonstrated on the ERJ

- 170.

2. Republic shall not change the number, location, type of, or operating mechanisms of

the installed em ergency exits.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 9901 , as amended, to July 31,

201 6

, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Deputy Director, Flig ht

Standards Service
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

United States of America

v. 2:11-cr-143

Daniel W. Oxley, II 

ORDER

There being no objections, the court hereby adopts the Report

and Recommendation of the magistrate judge (Doc. No. 19) that the

defendant’s guilty plea be accepted. The court accepts the

defendant’s plea of guilty to Count 1 of the information, and he is

hereby adjudged guilty on that count. The court will defer the

decision of whether to accept the plea agreement until the

sentencing hearing.

Date: July 14, 2011 s\James L. Graham 

 James L. Graham

 United States District Judge

Case: 2:11-cr-00143-JLG Doc #: 20 Filed: 07/14/11 Page: 1 of 1 PAGEID #: <pageID>
No. 38976.

#### Protest 136718-G of Stolhi & Sons, Inc. (New York).

Opinion by

Tilson, J.

The record showed that certain items consist of articles in chief value of cellulose filaments similar to those involved in Abstract 37230. The claim at 60 percent under paragraph 31 was therefore sustained.